Criminal Law Keyed to Kadish
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Bowers v. Hardwick
Facts
Respondent was charged with violating a Georgia statute that criminalized sodomy and subsequently brought an action in the Federal District Court, challenging the statute as unconstitutional under the Due Process Clause of the Fourteenth Amendment of the Constitution. The Court of Appeals for the Eleventh Circuit found the statute to be unconstitutional, holding that homosexual activity is “a private and intimate association that is beyond the reach of state regulation by reason of the Ninth Amendment and the Due Process Clause of the Fourteenth Amendment.” The State appeals.
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